( 1 ) THIS writ proceeding relates to Holding Nos. 25, 26 and 27, Shyam Nagar Road, being Premises Nos. 39, 39a and 39b, Shyam Nagar Road within the jurisdiction of South Dum Dum Municipality. The writ petitioners are the owners of the aforesaid premises.

( 2 ) THE writ petitioners stated that there was a factory known as Hindusthan Iron and Steel commonly known as Rod-Kal in the adjacent area of the aforesaid premises. The writ petitioners claim that at the aforesaid premises, there never was a factory in existence or operational. It is the case of the petitioners that the aforesaid factory on the adjacent land of the aforesaid premises had also been shut down in or around the year 1960. The petitioners claim that at all material time the aforesaid premises has been used for residential purpose and even the factory shed was used for residential purpose.

( 3 ) ON 7th June, 1991 the petitioners submitted a building plan to the South Dum Dum Municipality. By a letter dated 28th November, 1991 issued by the Vice Chairman, South Dum Dum Municipality the petitioners were directed to rectify the plan submitted by the petitioners following West Bengal Town and Country (